Fine for Mixing Other Trash with Recyclables Revoked

DOS issued a violation notice to landlord for leaving nonrecyclables at curbside in a recycling container. The DOS inspector said that he saw a clear plastic bag containing egg cartons, a light bulb, and food storage containers. Landlord claimed that its porter separated trash properly and put recyclables only in blue plastic bags for collection. Landlord said that someone else left the nonrecyclables in its recycling container. The ALJ ruled against landlord and fined it $50. Landlord appealed and won, based on credible proof that its porter had properly sorted landlord’s trash before placing it at curbside for collection.

Luc Realty, Inc.: ECB App. No. 0900522 (2/25/10) [3-pg. doc.]